Overview

More than ever before International Humanitarian Law needs to find new solutions to new types of conflicts. The current state of the fight against terrorism is without doubt one of the new problems facing international society and one of the concerns of International Humanitarian Law. This volume offers reflections on the international legal theory of terrorism, international responsibility, the obligation to prevent terrorist acts, terrorism in armed conflicts, the responses to terrorism by regional international organizations and the legal limits to the fight against terrorism. The contributors consist of academics (and politicians) from Morocco, Algeria, Egypt, Tunisia, Lebanon and Israel, as well as from Spain, Italy, France, the United Kingdom, Switzerland and a representative for the Organisation of American States. The book thus contains a wide, multidisciplinary debate, with an emphasis on a Mediterranean perspective. In addition to examining all aspects of international terrorism, the objective of the symposium which gave rise to these essays was to establish some guidelines, in the form of a Declaration, to serve as the basis for the UN’s High Level Group for the Alliance of Civilisations on the subject of international terrorism. This overall objective was achieved with the adoption of the Huelva Declaration for an Alliance of Civilisations against Terrorism, the text of which is included at the end of this book.

Full Product Details

Author:   Pablo Antonio Fernández-Sánchez
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   23
Dimensions:   Width: 15.50cm , Height: 3.30cm , Length: 23.50cm
Weight:   1.002kg
ISBN:  

9789004170537

ISBN 10:   9004170537
Pages:   514
Publication Date:   23 December 2008
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

PRESENTATION INTRODUCTION Manuel Chaves-González I The Legal Theory of Terrorism 1. Terrorism and General Principles of International Law Juan Antonio Carrillo-Salcedo 2. On the Need to Respect Democratic Principles to Combat Terrorism Rafaâ Ben Achour 3. The Definition of Terrorism and International Law Cástor Miguel Díaz-Barrado 4. The Fight Against Terrorism: Between the Reason of State and the Human Rights. Special Reference to Morocco Youssef El Bouhairi 5. Terrorist Acts as Threats to International Peace and Security Dr. Rosa Giles-Carnero II International Responsibility and Terrorism 1. Politico-Legal Reflections on International Terrorism and Preclusions from Wrongfulness Cesáreo Gutiérrez-Espada 2. Collective International Measures to Counter International Terrorism Paz Andrés-Sáenz-de-Santa-María 3. Terrorism at Sea. The International Law Response José Alberto Fernández-Rodera 4. The International Responsibility of EU in US “Extraordinary Renditions” of Suspected Terrorists Nuria Arenas-Hidalgo 5. The Legislative Dynamics of International Law in Combating Terrorism, a Case-Study Daniel García-San José III The Prevention of Terrorist Acts 1. Legal Aspects of Counter-Terrorism & Intelligence in the Prevention of Terrorism Clive Walker 2. Suppressing the Financing of Terrorism: Some Cases Pending before the Court of Justice of the European Communities Juan Manuel Rodríguez-Cárcamo 3. Preventive Self-Defence against International Terrorism Romualdo Bermejo-García 4. Police Cooperation on Nuclear, Radiological, Biological and Chemical Terrorism Pedro Ríos-Calvo 5. From the Achille Lauro to the Present Day: An Assessment of the International Response to Preventing and Suppressing Terrorism at Sea Rosario Domínguez-Matés IV Terrorism and Armed Conflicts 1. The “War on Terrorism” Yoram Dinstein 2. Combating Terrorism: An International Humanitarian Law Perspective Manuel Pérez-González 3. Scope of Application, Perpetrators of Terror, and International Humanitarian Law Toni Pfanner 4. Combating Terrorism Through Enhancing Mutual Reinforcement Between International Humanitarian Law and Human Rights Law Ibrahim Salama V Regional Counter-terrorism 1. The European Union’s Response to Terrorism Pablo Antonio Fernández-Sánchez 2. The Organisation of American States and the Fight against Terrorism Enrique Lagos 3. The Arab and Islamic Conventions of the Fight against Terrorism Saïd Ihrai 4. The European Union Anti-Terrorism Policy in Relation to other International Organizations Carmela Pérez-Bernárdez 5. The Fight against Terrorism: International Human Rights Monitoring and Protection Organs Ana Salado-Osuna VI The Legal Limits to the Fight against Terrorism 1. Terrorism and the European Court of Human Rights José Antonio Pastor-Ridruejo 2. Anti-Terrorist Measures in the Framework of Political Participation Mónica Montero-Elena 3. Legal Limbo at Guantanamo Bay. Supreme Court v. Bush Administration: June 29th 2006 Decision Ruth Abril-Stoffels 4. Terrorism, State of Emergency, and Derogation from Judicial Guarantees Milena Costas-Trascasas EPILOGUE OR RAPPORT DE SYNTHÈSE The Fight against the Terrorism and International Law Claudio Zanghì ANNEX. The Huelva Declaration for an Alliance of Civilizations against Terrorism

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"Pablo Antonio Fernández-Sánchez is Professor of Public International Law and International Relations at the University of Seville (Spain), author and editor of many books and arcticles on Humanitarian Law, Human Rights, International Peace and Security and International Law, including “The New Challenges of Humanitarian Law in Armed Conflicts"" (Nijhoff, 2005)."

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